Blake v. Sweeting
Illinois Supreme Court
Writ of Error to the Appellate Court for the Second District;—heard in that court on writ of error to the Circuit Court of Livingston county; the Hon. Franklin Blades, Judge,, presiding. The original bill was filed by plaintiff in error on June 7, 1876, to effect a settlement of the co-partnership of Blake, Huston & Co., a firm composed of True Blake, John Huston and James Sweeting.
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Writ of Error to the Appellate Court for the Second District;—heard in that court on writ of error to the Circuit Court of Livingston county; the Hon. Franklin Blades, Judge,, presiding. The original bill was filed by plaintiff in error on June 7, 1876, to effect a settlement of the co-partnership of Blake, Huston & Co., a firm composed of True Blake, John Huston and James Sweeting. Sweeting answered, admitting the partnership, but averred its dissolution and business ended in January, 1871, and set up and relied on the Statute of Limitations as a bkr to the complainant’s right of action. On…
1Opinion of the CourtJustice Shops
The co-partnership of Blake, Huston & Co. was in fact and in law dissolved by the withdrawal of Huston, in April, 1871, and his abandonment of its business. It was not a co-partnership for a definite term, and might, therefore, be dissolved by any member of the firm, at his pleasure, upon notice to his co-partnérs. 3 Kent’s Com. *54; Parsons on Partnership, (3d ed.) 435, 439.
The act of Huston in going away and abandoning the business and property of the firm, would, of itself, have been sufficient notice of his desire to then terminate the co-partnership relation; but followed, as this act was,…
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